Manick v. Manick et al

Filing 12

ORDER RULING ON REPORT AND RECOMMENDATION adopting 10 Report and Recommendation. Signed by Honorable Bruce Howe Hendricks on 10/17/14. (alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Marcus Antwan Manick

)
)
Plaintiff, )
)
vs.
)
)
Kewanna K. Manick, Wanda Walker, and
)
Frank W. Cannon,
)
)
Defendants. )
___________________________________ )

Civil Action No.: 8:14-3744-BHH

ORDER AND OPINION

The plaintiff Marcus Antwan Manick (“the plaintiff”), a pretrial detainee proceeding
pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. § 1983. This matter is
before the court for review of the Report and Recommendation of United States Magistrate
Judge Kevin F. McDonald made in accordance with 28 U.S.C. § 636(b) and Local Rule
73.02 for the District of South Carolina. On September 25, 2014, the Magistrate Judge
issued a Report and Recommendation recommending that this case be dismissed without
prejudice and without issuance and service of process. (ECF No. 10.)
The Magistrate Judge makes only a recommendation to this Court.
recommendation has no presumptive weight.

The

The responsibility to make a final

determination remains with this Court. See Mathews v. Weber, 423 U.S. 261, 270-71
(1976). The court may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1). The Court may
also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id. The Court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objections are made.
The plaintiff was advised of his right to file objections to the Report and

Recommendation. (ECF No. 10 at 5.) The plaintiff filed no objections and the time for
doing so expired on October 14, 2014. In the absence of objections to the Magistrate
Judge’s Report and Recommendation, this Court is not required to provide an explanation
for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
Rather, “in the absence of a timely filed objection, a district court need not conduct a de
novo review, but instead must ‘only satisfy itself that there is no clear error on the face of
the record in order to accept the recommendation.’” Diamond v. Colonial Life & Acc. Ins.
Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 and advisory
committee’s note).
Here, because no objections have been filed, the Court has reviewed the Magistrate
Judge's findings and recommendations for clear error. Finding none, the Court agrees with
the Magistrate Judge that the plaintiff's claims against the defendants are subject to
summary dismissal.

Accordingly, the Report and Recommendation is adopted and

incorporated herein by reference and this action is DISMISSED without prejudice and
without issuance and service of process.
IT IS SO ORDERED.
s/Bruce Howe Hendricks
United States District Judge

October 17, 2014
Greenville, South Carolina

-2-